Domestic Staff of Diplomatic, Consular and Official Staff Work Visa

At a glance

• This work visa allows diplomatic, consular and official staff posted to New Zealand to bring domestic staff such as cooks, nannies, drivers and gardeners with them. [WI4]
• The visa is tied to the employer's diplomatic, consular or official posting — the domestic staff member must leave New Zealand when their employment ends or the employer's tour of duty is complete. [WI4]
• Partners and dependent children of the domestic staff member are not eligible for visas as dependants. [WI4]
• The Protocol Division of the Ministry of Foreign Affairs and Trade (MFAT) must confirm the employer's eligibility and that there are no objections to the visa being granted. [WI4]
• A 3-year stand-down period applies before a person previously employed under these provisions can be granted another domestic staff work visa for a different diplomatic, consular or official employer. [WI4]

How to apply

• The employer (diplomatic, consular or official staff member) must first obtain confirmation from the Protocol Division of MFAT that they are eligible to have domestic staff and that MFAT has no objections to a work visa being granted. [WI4]
• The applicant must meet the lodgement, bona fide applicant, health and character requirements set out at W2.10.1. [WI4]
• Employers must ensure that prospective applicants are advised in writing and in their own language of the conditions relating to their employment in New Zealand. [WI4]
• Immigration officers must sight a signed Statement of Undertaking from the employer guaranteeing employment, accommodation, maintenance, and repatriation, and a signed Declaration of Acceptance from the applicant acknowledging the conditions of employment. [WI4.1]
• Immigration officers should conduct an interview to satisfy themselves that the applicant understands the work visa conditions and is suitably trained or experienced for the proposed employment. [WI4.1]
• Applications are processed by Immigration New Zealand following MFAT Protocol Division confirmation.

Required conditions

The work visa, if granted:

• Is current for the same duration as the employer's diplomatic, consular or official visa. [WI4]
• May be granted with multiple journey travel conditions. [WI4]
• Must specify the name of the diplomatic, consular or official staff member for whom the domestic staff member will be working. [WI4]

Eligibility criteria

• The Protocol Division of MFAT must confirm that the employer is eligible to have domestic staff and has no objections to a work visa being granted. [WI4]
• The applicant must be over 18 years of age. [WI4]
• The applicant must not be a person who entered New Zealand by means of a working holiday scheme. [WI4]
• The applicant must leave New Zealand on termination of their employment or when the employer's tour of duty is complete. [WI4]
• The applicant must not undertake any other type of work or enrol in any formal study. [WI4]
• At least 3 years must have passed since the applicant was last employed in New Zealand under these domestic staff provisions before they are eligible for a further period of domestic employment with another diplomatic, consular or official staff member. [WI4]
• Partners and dependent children of the applicant are not eligible for a visa as a dependant of a person granted a visa under these instructions. [WI4]
• 'Domestic staff' does not include people filling administrative and technical roles at posts in New Zealand. [WI4]
• Applicants must meet the lodgement, bona fide applicant, health and character requirements set out at W2.10.1. [WI4]

Interpretation & edge cases

• Definition of domestic staff: The instruction covers cooks, nannies, drivers and gardeners, but expressly excludes people filling administrative and technical roles at diplomatic or consular posts. Those roles fall under separate instructions. [WI4]
• Visa duration and renewal: The work visa is granted for the same duration as the employer's diplomatic, consular or official visa. If the employer's tour of duty is extended and they receive a further diplomatic, consular or official visa, the domestic staff member may be granted a further visa — provided the Protocol Division of MFAT has no objections. [WI4] For any request for a further visa, immigration officers must be satisfied that MFAT Protocol Division confirms the employer's eligibility and has no objections (via a note from the division), and that the employer and applicant have confirmed continued guarantees. [WI4.1]
• Employer notification obligation: Employers must advise prospective domestic staff applicants in writing and in their own language of the conditions relating to their employment in New Zealand. This is an obligation on the employer, not the applicant. [WI4]
• Evidential forms: The Statement of Undertaking signed by the employer must guarantee employment, accommodation, maintenance, repatriation, and that MFAT will be notified if the domestic staff member ceases employment. The Declaration of Acceptance signed by the applicant must acknowledge the employment conditions, the prohibition on other work or study, the absence of a pathway to residence, and the obligation to leave New Zealand when employment ends. [WI4.1]
• Stand-down period: The 3-year gap applies only when the domestic staff member seeks employment with a different diplomatic, consular or official employer. A domestic staff member who continues with the same employer (e.g. when the employer's tour of duty is extended) is not subject to this stand-down. [WI4]
• Dependants excluded: Partners and dependent children of domestic staff work visa holders cannot obtain work, student or visitor visas as dependants of the work visa holder. This is a significant restriction — family members must qualify for visas independently if they wish to accompany the domestic staff member to New Zealand (see V3.10, U8.20, WF3.1). [WI4]
• Working holiday scheme exclusion: Applicants who entered New Zealand via a working holiday scheme are ineligible. This prevents the domestic staff pathway from being used to circumvent working holiday visa conditions. [WI4]
• Restriction on other work or study: The domestic staff member is strictly limited to their domestic employment and cannot undertake any other work or enrol in formal study. This restriction applies for the full duration of the visa. [WI4]
• Relationship to diplomatic/consular/official staff visa: The domestic staff work visa is a separate category from the special temporary visas granted to diplomatic, consular and official staff themselves (see Diplomatic, Consular, and Official Staff Visa). Domestic staff do not qualify for a special temporary visa under H2/H3. [WI4]
• Effective date: 30 July 2012.

Citations

• WI4 — Domestic staff of diplomatic, consular and official staff
• WI4.1 — Evidential requirements for domestic staff of diplomatic, consular and official staff